Agenda of Business and Industry Advisory Committee Meeting

CONFLICT OF INTERESTS

What is a “Conflict of Interests” - A conflict of interests can be of two types:

Pecuniary - an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Code of Conduct for Councillors (eg. A friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

Remoteness – a person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in the Code of Conduct for Councillors.

Who has a Pecuniary Interest? - a person has a pecuniary interest in a matter if the pecuniary interest is the interest of the person, or another person with whom the person is associated (see below).

Relatives, Partners - a person is taken to have a pecuniary interest in a matter if:

· The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or

· The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.

N.B. “Relative”, in relation to a person means any of the following:

(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the person’s spouse;

(b) the spouse or de facto partners of the person or of a person referred to in paragraph (a)

No Interest in the Matter - however, a person is not taken to have a pecuniary interest in a matter:

· If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or other body, or

· Just because the person is a member of, or is employed by, the Council.

· Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.

Disclosure and participation in meetings

· A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.

· The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:

(a) at any time during which the matter is being considered or discussed by the Council or Committee, or

(b) at any time during which the Council or Committee is voting on any question in relation to the matter.

No Knowledge - a person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.

Non-pecuniary Interests - Must be disclosed in meetings.

There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with. Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:

· It may be appropriate that no action be taken where the potential for conflict is minimal. However, Councillors should consider providing an explanation of why they consider a conflict does not exist.

· Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa). Care needs to be taken when exercising this option.

· Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict)

· Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as of the provisions in the Code of Conduct (particularly if you have a significant non-pecuniary interest)

Committee members are reminded that they should declare and manage all conflicts of interest in respect of any matter on this Agenda, in accordance with the Code of Conduct.

RECORDING OF VOTING ON PLANNING MATTERS

Clause 375A of the Local Government Act 1993 – Recording of voting on planning matters

(1) In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:

(a) including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but

(b) not including the making of an order under that Act.

(2) The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.

(3) For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.

(4) Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document and is to include the information required by the regulations.

(5) This section extends to a meeting that is closed to the public.

OATH AND AFFIRMATION FOR COUNCILLORS

Councillors are reminded of the oath of office or affirmation of office made at or before their first meeting of the council in accordance with Clause 233A of the Local Government Act 1993. This includes undertaking the duties of the office of councillor in the best interests of the people of Byron Shire and the Byron Shire Council and faithfully and impartially carrying out the functions, powers, authorities and discretions vested under the Act or any other Act to the best of one’s ability and judgment.

BYRON SHIRE COUNCIL

Adoption of Minutes from Previous Meetings 3.1

Adoption of Minutes from Previous Meetings

Report No. 3.1 Confirmation of minutes from 30 March 2023 meeting

Directorate: Sustainable Environment and Economy

Report Author: Michelle Wilde, Project Support Officer

File No: I2023/505

RECOMMENDATION:

That the minutes of the Business and Industry Advisory Committee Meeting held on 30 March 2023 be confirmed.

Attachments:

1 Minutes 30/03/2023 Business and Industry Advisory Committee, I2023/409 , page 8⇩

Report

The attachment to this report provides the minutes of the Business and Industry Advisory Committee Meeting of 30 March 2023 .

Report to Council

The minutes were reported to Council on 25 May 2023.

Comments

In accordance with the Committee Recommendations, Council resolved the following:

23-186 Resolved that Council:

a) notes that the Business and Industry Advisory Committee will continue to invite representatives of business organisations to participate in workshops on the development of the Business, Industry and Visitor Economy Strategy (BIVE) and that the inclusion of four business representatives on the Committee be reconsidered after the BIVE is developed.

b) Amends the Constitution of the Business and Industry Advisory Committee accordingly.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 4.1

Staff Reports - Sustainable Environment and Economy

Report No. 4.1 Future Discussion Items for Business and Industry Advisory Committee

Directorate: Sustainable Environment and Economy

Report Author: Michelle Wilde, Project Support Officer

File No: I2023/769

Summary:

This report summarises reports and information requested by the Business and Industry Advisory Committee.

Future requests, resourcing and alignment with Council’s Operational Plan can be tabled for discussion by the committee.

There were no requests for reports or information received from the Business and Industry Advisory Committee members for this meeting.

RECOMMENDATION:

That the Business and Industry Advisory Committee notes the report.

Report

There were no requests for reports or information received from the Business and Industry Advisory Committee members for this meeting.

Requests for future items can be raised at this meeting.

These requests, resourcing and alignment with Council’s Operational Plan will be tabled for discussion by the committee at the next meeting, to resolve whether they are taken to Council for consideration for inclusion in a future Council OP and budget.

Key issues

Nil

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
1: Effective Leadership We have effective decision making and community leadership that is open and informed	1.2: Engage and involve community in decision making	1.2.4: Advisory Committees - Coordinate advisory committees to inform decision making on their areas of expertise	1.2.4.1	Coordinate and support Advisory Committees to assist with effective Council decision making

Recent Resolutions

Nil

Legal/Statutory/Policy Considerations

Nil

Financial Considerations

No detailed costings for requested items provided at this stage.

Consultation and Engagement

Nil

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 4.2

Report No. 4.2 Business, Industry and Visitor Economy Strategy

Directorate: Sustainable Environment and Economy

Report Author: Arika McElroy, Project Support Officer

File No: I2023/30

Summary:

Michael Campbell of Lucid Economics will facilitate a workshop on the Business Industry and Visitor Economy Strategy (BIVE) with the Committee and invited key sector stakeholders.

The purpose of the workshop is to provide an update of the background analysis and stakeholder engagement, which will eventually form the basis of the strategy.

A detailed analysis of various data sets has been completed and engagement has taken place which included a series of focus group conversations and interviews with key sector stakeholders.

RECOMMENDATION:

That the Business and Industry Advisory Committee notes the report.

Attachments:

1 Byron Shire Economic Summary May 2023 - Business, Industry and Visitor Economy Strategy, E2023/53618 , page 19 ⇩

Report

A lot has happened and is happening in our rapidly changing economy. From events and tourism bouncing back after COVID to the impacts of last year’s flood disaster and the effects of recent interest rate rises.

Following Council’s resolution (21-199) to endorse the framework and progress toward development of a whole of business industry strategy, work has progressed, and Lucid Economics has been engaged to develop the strategy.

The figure below shows the project approach. Consultation with the Business Industry Advisory Committee forms part of the stakeholder engagement (stage 3).

Update

A detailed analysis of various data sets has been completed and engagement has taken place which included a series of focus group conversations and interviews with key sector stakeholders.

Recent engagement discussed:

· background research findings, as per the attached Economic Summary,

· community perspectives on economic advantages, barriers/challenges, opportunities, and strengths

· Council’s role in economic development

Next steps

The figure above guides the next steps. More consultation to further test engagement findings will be undertaken, as part of section 3.

A further update will be provided to the Business Industry Advisory Committee at the next meeting on 31 August.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective		CSP Strategy		DP Action		Code		OP Activity
	4: Ethical Growth We manage growth and change responsibly		4.3: Promote and support our local economy		4.3.1: Diverse economy - Develop a Business and Visitor Economy Strategy to support a resilient and diverse economy		4.3.1.1		Progress development of Business and Visitor Economy Strategy
	4: Ethical Growth We manage growth and change responsibly		4.3: Promote and support our local economy		4.3.3: Business advice and support - Support, participate, and advocate for sustainable business		4.3.3.2		Continue to strengthen partnerships between Council and the business community / industry
	4: Ethical Growth We manage growth and change responsibly		4.4: Foster sustainable visitation and manage the impacts of tourism on the Shire		4.4.3: Sustainable visitation - Investigate opportunities to mitigate peak tourist demands on local amenity and infrastructure		4.4.3.1		Continue to liaise with our business and tourism industry

Recent Resolutions

· Res 21-199: That Council: 1. Endorses the framework and process to develop the whole of business industry strategy as outlined in the report.

Financial Considerations

Budget already allocated.

Consultation and Engagement

Engagement has taken place which included a series of focus group conversations and interviews with key sector stakeholders. More consultation to further test research and engagement findings will be undertaken.

Venue	Cavanbah Centre, Ewingsdale Road, Byron Bay
Date	Thursday, 15 June 2023
Time	4.30pm